Since when does an "originalist" so insouciantly ignore the clearly marked signposts of the law?
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My suggestion: The President should not nominate a replacement for Scalia. Let's make this election a referendum: make Americans choose our Court. Let Americans decide if our Court will defeat or cuddle up to Jim Crow, whether our government may dictate whom you love and marry, whether the Bill of Rights is just a porous veil covering an unfettered and brutal spy state. Let's put the soul of America to a vote.
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Greg Palast is currently making a film of his New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Billionaires and Ballot Bandits.
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